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DEUTSCHE BANK NATL. TRUST CO. v. LE-MOND

2018-02209. Index No. 510328/15.

198 A.D.3d 610 (2021)

152 N.Y.S.3d 333

2021 NY Slip Op 05319

Deutsche Bank National Trust Company, Respondent, v. Sharon Le-Mond, Appellant, et al., Defendants.

Appellate Division of the Supreme Court of New York, Second Department.

Decided October 6, 2021.

Attorney(s) appearing for the Case

Sharon Le-Mond, Brooklyn, NY, Appellant Pro Se.

Robertson, Anschutz, Schneid, Crane & Partners, PLLC (Greenberg Traurig, LLP, New York, NY [ Patrick G. Broderick and Ryan Sirianni ], of counsel), for respondent.

Austin, J.P., Hinds-Radix, Barros and Genovesi, JJ., concur.

Ordered that the order dated November 28, 2017, is affirmed, with costs.

To prevail on a motion pursuant to CPLR 5015(a)(3) to vacate an order awarding summary judgment in a foreclosure action, the proponent must establish that the opponent procured the order by fraud, misrepresentation, or other misconduct (see Citimortgage, Inc. v Kish, 192 A.D.3d 659 [2021]; Rossrock Fund II, L.P. v Norlin Corp., 128 A.D.3d 1046

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